Windsor police Const. Kent Rice awaits sentencing for assault

A Windsor courtroom broke out in gasps Tuesday at the suggestion that Windsor police Const. Kent Patrick Rice spend even a single day in jail for assaulting a young criminal.

Sarah Sacheli, Windsor Star

Updated: September 24, 2013

Windsor Police Const. Kent Rice and his wife leave the Ontario Provincial Court, Tuesday, Sept. 24, 2013, in Windsor, Ont, after his sentencing hearing. He was convicted in August of assaulting a 20-year- old man in an apartment building stairwell in February 2012. (DAN JANISSE/The Windsor Star)

A Windsor courtroom broke out in gasps Tuesday at the suggestion that Windsor police Const. Kent Patrick Rice spend even a single day in jail for assaulting a young criminal.

Rice, a 14-year-veteran of the force, was found guilty in August for the February 2012 stairwell attack on Gladson Chinyangwa, then 20. In addition to pushing Chinyangwa to the ground and striking him with his hand, Rice kicked the young man as a surveillance camera in the low-income housing building recorded the altercation.

At Rice’s sentencing hearing Tuesday, defence lawyer Andrew Bradie argued that a just punishment would be a conditional discharge. That sentence would mean Rice would have no criminal record despite the finding of guilt and therefore would not automatically lose his job.

Windsor Police Const. Kent Rice leaves Ontario Provincial Court,Â Sept. 24, 2013, in Windsor after his sentencing hearing for assaulting a 20-year- old man in an apartment building stairwell in February 2012. (DAN JANISSE/The Windsor Star)

But Crown prosecutor David Foulds argued for nothing short of a criminal record — a suspended sentence with probation at a minimum. He suggested a fine, a period of house arrest or — eliciting gasps from Rice’s family and friends — a day in jail at the maximum.

“There needs to be a conviction here,” said Foulds. Anything less, he said “would be contrary to the public interest.”

Had it not been for the video, Rice would have gotten away with the assault, Foulds argued. Even with the video, Rice pleaded not guilty.

Rice showed “no demonstration of remorse,” and has never apologized to Chinyangwa, Foulds said.

The sentencing hearing ended with Rice reading a prepared statement in court.

“I wear my uniform with pride.”

He spoke of how “heartwrenching” it is to hear his children ask, ‘Daddy, are you still going to be a police officer?’”

He repeatedly referred to the assault as “the event,” apologizing that it has “tarnished the reputation” of the police force and the city as a whole.

But he stopped short of taking any responsibility for it, never apologizing for his actions or to his victim.

Chinyangwa was led into the courtroom by a police officer to watch the sentencing hearing in the morning. He did not return after the lunch break.

Chinyangwa is currently in jail, awaiting sentencing on five crimes. In October, he will be sentenced for two break-ins, a theft and two counts of breach of probation.

Chinyangwa took the witness stand, looked out at the crowded courtroom and then asked in a soft-spoken voice for the prosecutor to read a statement on his behalf.

Chinyangwa wrote of how Rice’s crime has affected his life. “I’m not perfect. I’ve made mistakes,” Chinyangwa said.

Everyone knows about his criminal record now and, because of his distinctive last name, his parents can’t go anywhere without people asking about him.

Chinyangwa said he fears retribution by police officers.

“I no longer feel safe in the city of Windsor. I feel the police department is out to get me.”

Some of Rice’s supporters scoffed audibly in the courtroom when Chinyangwa, who is black, said he felt he was singled out by Rice because of his race.

For the sentencing hearing, Rice solicited letters of support from friends, family and co-workers. Some declared that Rice is not racist.

Rice’s lawyer read excerpts from 113 pages of letters of support. There was a letter identifying him a blood donor, another from the minor hockey league where he coaches his son’s team. But most were from colleagues and family friends who spoke of Rice as an exemplary police officer and mentor.

They all spoke of the assault as an aberration, some asking the court not to judge Rice by this single event.

Rice’s lawyer said the two kicks the officer delivered to Chinyangwa “lasted 20 seconds.” Bradie said that can’t be compared to “14 years of unblemished service.”

Ontario court Justice Donald Downie will sentence Rice Wednesday. He is the same judge who granted Windsor police Const. Brad Snyder a conditional discharge in 2010 after accepting the officer’s guilty plea for a 2009 assault .

Snyder, a former Olympic shot putter, beat a man in handcuffs who had been walking near the casino. Snyder rained forearm blows down on the man’s head and delivered knee strikes to his lower body after pinning him against a police van.

Like in the Rice case, Andrew Bradie defended Snyder and David Foulds prosecuted him.

The Snyder case was one of three police brutality cases referred to in court Tuesday. The other two – from other jurisdictions – resulted in suspended sentences and probation with criminal records for the officers involved.

Rice still faces charges under the Police Act. His lawyer said Windsor police are seeking his dismissal.

Rice has been suspended with pay since video of the assault was made public in June 2012.

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